CONDITIONS OF SALE
1. What is this document?
The following terms and conditions of sale (the “Conditions of Sale”) govern the offer and sale of goods on the website www.massimoosti.com (the “Website”).
In order to buy the original products bearing the trademark Massimo Osti Studio offered for sale on the Website (the “Products”) it is necessary to accept these Conditions of Sale. Failure to accept these Conditions of Sale will not allow you to complete purchases on the Website. It is necessary to carefully read the Conditions of Sale, before submitting the order of the Products.
2. Who are we?
The Products are sold directly by Tristate Digital SA, Swiss company with registered office in Lugano (Switzerland) Riva Albertolli 1, VAT n. CHE-338.710.554, (the “Seller”), duly authorized by Tristate International SA.
3. To whom does this Condition of Sale apply to?
This Conditions of Sale govern all sales of the Products made by the Seller through its e-commerce activities on the Website.
The sale of the Products refers only to end customers, who are above the legal age, acting for purposes outside their trade, business, craft or profession (the “Customer”).
The offer and the sale of the Products refers only to those Countries listed on the relevant page of the Website, reachable by the Homepage.
The Seller therefore reserves the right not to fulfil any purchase order from non-consumer, from people under the legal age of from any Country not included in the aforementioned list of Countries.
The Conditions of Sale do not govern the sale or the services by parties other than the Seller, even if there are links, banners or other forms of connection on the Website.
It is Customer’s responsibility to check the Condition of Sale before submitting an order or buying services from parties other than the Seller. The Seller shall not be liable for the sale of any good and/or the provision of any service by third parties and/or the Customer entering into an agreement with any third party.
4. How to submit an order?
Please find below all the steps required to finalize a purchase order through the Website.
4.1 Submitting the order
In order to buy one or more Products on the Website, the Customer shall select the Products he/she intends to purchase and add them to the shopping cart.
After the first step is completed, the Customer shall proceed with the checkout on the Website, fill in the electronic order and submit it to the Seller, following the instruction.
The purchase order will be concluded after filling the order form and flagging the box to accept the Conditions of Sale.
The purchase orders may be completed in Italian or English.
The Customer may submit the order through his/her personal account or through the “guest” user mode, providing for the personal information required to proceed with the order processing.
The purchase order form includes a reference to the Conditions of Sale as well as a summary of the information on the main characteristics of the Products and their price (including all applicable taxes and duties), the accepted methods of payment, the delivery methods of the Products purchased, the shipping costs and estimated delivery times, the condition to exercise the right of withdrawal and methods and times for returning the Products purchased.
The Customer needs to read carefully the Condition of Sale and the Terms of Use before submitting the order, which can be also printed, copied or saved only for personal use.
By submitting the purchase order, the Customer declares to have understood and approved the order form and to have accepted the Conditions of Sale and the terms of Use of the Website, flagging the relevant box.
The Customer may check the order details and correct any data entry errors before submitting the purchase order.
With the submission of the purchase order form, the Customer is required to pay the purchase price stated in the order.
The order form will be stored in the Seller’s database for the period of time necessary to fulfil the order, in compliance with the legal term. Once registered on the Website, the Customer may view the submitted orders, the provided data and the consents given by accessing his/her personal account and browsing the relevant section of the Site. Customers purchasing goods as a “guest” users may check the submitted orders by contacting Customer Service, as set forth in paragraph 13 “Customer Service”.
4.2 Order confirmation
The Seller will forward to the Customer the receipt of the purchase order, as soon as the purchase order is received. The receipt will contain a summary of the main conditions of sale, information about the main characteristics of the Products and their detailed price (including all applicable taxes and duties), the selected methods of payment, the condition to exercise the right of withdrawal and costs and times of delivery.
The Seller undertakes to promptly e-mail the final order confirmation to the Customer.
The purchase order invoice will be email to the Customer when the Products are shipped. Only for purchases from Italy, the Customer will only receive the purchase receipt.
4.3 Failure to accept the order
The Seller is entitled to reject purchase orders not completed or inaccurates, or if there are not sufficient guarantees of solvency of the Customer or in case of unavailability of the Products. In such cases the Seller shall promptly - and within 14 days from the day after the order has been sent - inform the Customer by e-mail specifying the reasons why the purchase contract has not been concluded and why the Seller will not process the purchase order.
The Seller is also entitled to not accept or reject the purchase orders if there are reasonable grounds to believe that Customer’s intent is to resell the Products, being prohibited to resell the Products purchased on the Website.
If at the order cancellation the Customer has already paid the price, the Seller undertakes to refund the amount paid by the Customer as soon as possible.
5. Characteristics of the Products
On the Website are offered for sale only original Products bearing the trademark Massimo Osti Studio, according to the authorization of Tristate International SA, licensee of the trademark.
The main characteristics of the Products are displayed on the Website on each Product page. The images and colors of the Products may not correspond to the actual colors, due to the effect of the web browser and/or monitor.
Each Product is sold on the Website together with an identification tag which is part of the Product.
6. How to pay for the Products?
The prices of the Products on the Website are stated in EUR (€), Pounds (£), Swiss francs (CHF), US Dollar ($), Renminbi (¥), Hong Kong Dollar (HK$), Canadian Dollar (C$), Won (₩) and Japanese Yen (¥) and already include all the applicable taxes and duties.
The Products prices do not include shipping and delivery costs, which will be clearly displayed at the beginning of the Product purchase.
In case of any computer, manual, technical or other error leading to a substantial and unforeseen change in the sale price, making it either exorbitant or clearly negligible, the purchase order will be considered invalid and canceled.
The Customer will be promptly notified of the error and of the order cancellation by email and the Seller will provide for full refund of the amount paid within 14 days after the purchase order cancellation.
The methods of payment can be found on the Payment & Security page on the Website and on each purchase order form, being also substantial part of the Conditions of Sale.
The purchase price of the Products and delivery costs, as indicated in the order form, will be charged at the shipping time, except when the selected payment method provides for charging at the order confirmation.
In the event the Customer chooses to pay by credit card, the payment details (such as the debit/credit card number or date of expiry) will be forwarded using an encrypted protocol to the bank or payment services provider, with no possibility of any third party to have access to such data. The Seller will use the payment information provided by the Customer solely to complete the purchase process for which it was provided for, or to issue a refund if the Products are returned, if the Customer exercises the right of withdrawal, or to prevent fraud or report to the police any fraud on the Website if these data are necessary.
All transactions will be processed through a secure server, ensuring maximum data protection for the Customer. The Seller will in not be held responsible in any way for fraudulent use of credit cards reported by the Customer.
The Product delivered to an EU Country will not be subject to any customs charge, such as import tax and/or duty.
Products delivered to Countries outside the EU may be subject to custom changes, such as import taxes and/or duty, payable when the Products arrive in the country of delivery. Customs charges cannot be foreseen in advance by the Seller and will be borne by the latter or by the Customer as set forth on the Shipping page.
For further information, please contact the customs authority in the Country where the Product is to be delivered.
7. How and When the Product will be received?
The Product ordered on the Site will be delivered by courier.
Costs, terms and conditions for delivery of the Products are indicated on the Shipping page, and in each order form. They are substantial part of the Conditions of Sale.
Delivery times of the Products set forth on the Website refer only to working days, with the express exclusion of non-working days.
In the event that the Product’s delivery is delayed due to objective, extraordinary and unforeseeable events beyond the control of the Seller, the Customer will be promptly informed by the Seller who will take the necessary measures to minimize the consequences of such delay. In such cases, the Seller shall not be held liable for delays resulting from those events. However, if there is a risk of substantial delay, the Customer may contact Customer Service to terminate the purchase contract and to be refunded of the Products paid for but not received.
The Customer must place the purchase order directly from the Website page relating to the shipping country where the Product has to be delivered. The Website should automatically recognize the country from which the Customer is connected, but it is possible to change the Website's Country reference via the list of shipping countries on the relevant page of the Website.
Orders placed from a section of the Website relating to a Country other than the destination Country, or to an address not accepted by the courier chosen by the Seller (such as, for example, P.O. Boxes and Fermo Posta), will not be accepted. For Italy only, the Site is not authorized to deliver to Livigno, Campione d'Italia, S. Marino and Vatican City.
Upon Product’s delivery, the Customer is required to check that the number of Products corresponds to what is listed on the transport documents and that the packaging is intact and with no signs of damage, tampering or alternation. If something is found to be wrong, the Customer must immediately inform the courier and either reject the Product or accept it and write their reservations on the delivery slip. The Customer must also promptly inform the Seller’s Customer Service.
8. How to return a Product?
The Customer may return any or all of the Products, for any reason, according to the following condition.
8.1 Term to exercise the right to withdrawal
The Customer may withdraw from the purchase contract with the Seller free of charge, without having to give any reason, within 14 days from the date on which he acquired physical possession of the Products.
8.2 How to return the Products
To exercise the right of withdrawal, the Customer has to communicate his/her decision using the withdrawal form on the Website. For this purpose, the Customer has to access the section of the Website relating to the submitted order, complete the withdrawal form and forward it electronically to the Seller.
Otherwise, the Customer may send a written notice of the intention to withdraw, providing personal details (name, surname, address and email), the date of the order and of receipt, the order number and details of the Products purchased; for this purpose, the Customer may use the standard withdrawal form **, which is not mandatory.
In this case, the withdrawal form must be sent to the Seller by:
· letter: Tristate Digital SA, Via San Martino, 16 - 6850 Mendrisio (CH)
· e-mail: customerservice@massimoosti.com
8.3 How should the returned product be? Can a replacement be requested?
Before returning the Products, it is necessary for the Customer to ensure that the Products have been carefully stored.
The Customer is liable for any decrease in the value of the returned products due to improper handling of the products, save to the extent necessary to verify the characteristics, functions or nature of the products.
The Customer should make every effort to return the Products with the original packaging and with the identification tag.
The Seller may deduct from any refund due to the Customer the decrease in value due to improper handling of the Product. The Seller may no refund any sum if the decrease in value is equal to or greater than the value of the returned products.
If the Customer wish to exercise the right of withdrawal, he/she will not be entitled to receive a different product in replacement of the one returned. To receive a new Product, the Customer will have to submit a new purchase order.
8.4 When returns are not accepted
The Seller is entitled not to accept the withdrawal if the Products are returned without the identification tad and any accessories.
The right of withdrawal may not be exercised when:
· The request for return is forward after maximum period provided by the Conditions of Sale or by law;
· The Products have been made to measure or customized;
· The Products may deteriorate rapidly;
· After the delivery, the Products have been inseparably mixed with other goods;
· Sealed Products may not be returned for hygienic and health reasons if they have been opened after delivery.
8.5 How soon should the Products be returned?
Products subject to withdrawal must be returned to the Seller. In order to proceed with the return, the Customer must return the Products within 14 days from the date on which the Customer forward the withdrawal form to the Seller, to the address set forth in paragraph 8.2:
The costs for shipping the returned Products shall be borne by the Customer.
Please, if possible, return the Product in the original packaging.
8.6 Refund timing and procedure
Upon receiving the Products, the Seller will inspect the Products to check if all the above requirements have been fulfilled, according to paragraph 8.
If the returned Products meet all requirements, the Seller will inform the Customer by email that the returned Products have been accepted and will refund the Customer all payments received from him/her, including standard delivery cost.
The Seller will not refund supplementary costs for expedited delivery options chosen by the Customer and/or for gift wrapping and other additional expenses.
Whatever method of payment is used by the Customer, the refund will be completed as quickly as possible by the Seller, after checking that the right of withdrawal has been properly exercised, but in any case, within 14 days from the date on which the Seller received the notice of withdrawal. The Seller may suspend the refund until receipt of the Products or until the Customer can prove that the Products have been returned, whichever is earlier.
The Seller will make the refund using the same methods of payment used by the Customer for the purchase, unless the Customer has expressly agreed otherwise. If the recipient of the Products indicated on the order form does not correspond to the person who paid for them, the refund will be completed by the Seller to the person who made the payment, unless agreed otherwise.
If the terms and conditions for exercising the right of withdrawal as specified in this paragraph 8 have not been respected, the Customer shall have no right to the refund of any sum already paid to the Seller. However, the Customer may, at his/her own expense, obtain the Products back in the condition in which they were returned to the Seller.
If the submitted order contained more than one Product and the Customer requests the return for only some of them, the Seller will refund the price of the returned Products and a proportional amount of the shipping costs incurred, considering the value of each Product.
9. Warranty for defective or nonconforming Products
The Seller shall provide a warranty for defective or nonconforming Products. This guarantee applies if the defects or nonconformities are present at the time of delivery or occur within 2 (two) years from the purchase, except for such longer period as may be established by mandatory laws of Customer's country of residence.
9.1 When a Product is defective?
A Product is defective if at the time of delivery is damaged or does not possess the promised qualities or has defects that deprive or greatly decrease its value or suitability for its intended use.
Unless proved otherwise, it will be assumed that conformity defects arising within 6 (six) months from delivery of the product already existed at that date, unless such a scenario is inconsistent with the nature of the goods or with the nature of the conformity defect.
A Product is not defective if it has defects resulting from normal use (i.e. normal wear and tear).
9.2 What to do in case of defective Products?
In order to benefit from the warranty for defective or nonconformity Products, the Consumer has to notify any defect in the product within 2 (two) months from discovery, or within the different term provided for mandatory laws for the Customer’s protection. Any claims to enforce a conformity will be time-limited, in any case, to 26 (twenty-six) months from delivery of the product.
In the event of a lack of conformity reported within the terms provided, the Consumer may, at his/her discretion, ask the Seller, at its own cost, to repair or replace the Products, unless the requested remedy is objectively impossible or excessively expensive compared to the other option. The Consumer may also request, at his/her discretion, an appropriate reduction of the price or he/she can terminate the purchase contract if repair or replacement is impossible or excessively expensive, or if the Seller has not repaired or replaced the Products within a reasonable period or if the previous replacement or repair has caused relevant inconvenience to the Consumer.
In order to benefit from the warranty for defective or nonconformity Products it is recommended to keep and show the purchase documents of the Product. For more information about the warranty for defective or nonconformity Products and to take advantage of the remedies provided by the that warranty, the Consumer can contact Customer Service.
10. Where to find information about the processing of personal data?
For any information regarding the processing of personal data, please see the Privacy Policy on the Website.
11. Which is the applicable law? Which is the competent Court in case of disputes?
This Conditions of Sale are governed in all respects by the Swiss Law, except otherwise provided for by mandatory laws of the Customer’s country of residence. The Court of Lugano shall have jurisdiction to settle any dispute arising from a purchase made on the Website or referring to any Product, without prejudice to the application of mandatory provisions of law establishing the jurisdiction of another Court.
12. May the Conditions of Sale be amended or updated?
The Conditions of Sale may be amended by the Seller from time to time, also due to new laws and regulations.
The amended Conditions of Sale shall be effective upon publication on the Website. Customers are invited to visit the Website regularly and to read the latest version of the Conditions of Sale before submitting any purchase order.
Any contract of sale entered into by the Customer through the Website shall be governed by the condition of sale in effect when the purchase order is submitted.
13. Customer care
For assistance with the Products, or for more information, suggestions, complaints and/or any other request, the Customer may contact the Seller’s Customer Service at any time using the Contact form or the following contact details:
- By e-mail: customerservice@massimoosti.com
- Tristate Digital SA, Via San Martino, 16 - 6850 Mendrisio (CH)